S.B. Sinha, ACJ. - (1.) This appeal is directed against a judgment and order dated 4.5.92 passed by a learned Single Judge of this Court whereby and where under the said learned Judge allowed the respondents' application for amendment of written statement in Suit No. 493 of 1984.
(2.) The plaintiff filed a suit for eviction against the defendant. The defendant respondent filed its written statement. Thereafter, a summons was taken out for leave to amend the written statement by inserting certain paragraphs after paragraph 9 in terms of the petitioner marked with the letter 'A' thereto.
(3.) Mr. Chatterjee, the learned counsel appearing on behalf of the appellant, intra alia, submitted as follows : 1. The application for amendment of the written statement should not have been allowed after a period of seven years; 2. Keeping in view the facts that the lease has been granted for a period of more than 21 years, the provisions of the West Bengal Premises and Tenancy Act have no application and the said fact having been admitted by the respondents herein in another Suit, the same was binding on this respondent. 3. The amendment sought for to the effect that keeping in view the stipulation made in the deed of lease to the effect that the same was terminable at any time, the provision of West Bengal Premises and Tenancy Act was not excluded is thus mala fide in nature. 4. The said application for amendment has been made after expiry of the period of limitation.;